Defendant submitted a claim to the Illinois Torture Inquiry and Relief Commission alleging this his convictions in two underlying cases resulted from torture over the course of more than 30 hours in police custody and that the inculpatory statements he made were coerced and should be suppressed. The TIRC found sufficient evidence to refer the matter for judicial review and the circuit court, after conducting an evidentiary hearing, found that the defendant fabricated his claims. The appellate court reversed and remanded, concluding that the trial court did not apply the proper initial inquiry and finding that the defendant met his burden of establishing that newly established evidence would have altered the result of the suppression hearing. (HYMAN, concurring and specially concurring and LAVIN, specially concurring)
Illinois Appellate Court
Criminal Court
Illinois Torture Inquiry and Relief Commission Act